Thailand – Policy Coherence
3. The core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
|
No. |
Issues |
Activities |
Responsible agencies | Time-frame (2019–2022) | Indicators (wide frame) | Compliance with National Strategy/ SDGs/UNGPs |
| 1. | Becoming an international treaty party | Study the possibility of becoming a party to the ILO Conventions 98 and 189 by assessing the situation and context of Thailand | – Ministry of Labour | 2019 | A feasibility study in becoming a party to the ILO Conventions 98 and 189 within the year 2019 | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Article 5 |
| Study the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO and consider operational guidelines to promote the Declaration | – Ministry of Labour
– Ministry of Foreign Affairs |
2019–2020 | A study of the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs, Article 5 |
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| 2. | Amendments to laws, regulations, policies
and related measures |
Review the law on labour protection, social welfare, social security, and minimum wage whether there is still a gap between the law and practice, and consider improving or developing it to be in line with international standards | – Ministry of Social
Development and Human Security – Ministry of Labour |
2019–2022 | Number of laws that have been improved | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs, Articles 1, 3, 5 and 7 |
| Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930 | – Ministry of Labour | 2019–2022 | The number of meetings to
review relevant laws |
– National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 5 and 7 |
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| Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles. | – Ministry of Labour | 2019–2022 | The results of the study | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 |
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| Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers. | – Ministry of Labour | 2019–2022 | Number of policies reviewed | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 |
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| Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000 | – Ministry of Labour | 2019–2022 | Number of bills passed with Cabinet approval | – National Strategy for Human Capital
Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 |
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| 6. | Eliminating discrimination in employment and the workplace | Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 | – Ministry of Labour | 2019–2022 | Number of reviews of the Labour Law | – National Strategy for Social Cohesion and Just Society
– SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 |
| 8. | Suitable working conditions | Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business | – Ministry of Labour | 2019–2022 | Number of studies | – National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 |
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.1 Compliance with labour laws, the Thai Labour Standards and the principles of human rights
- State enterprises and the business sector must provide an announcement or a statement on the human rights policy in their organizations. This includes the UNGPs.
- State enterprises and the business sector must implement the Thai Labour Standards, respecting and strictly complying with labour laws.
3.2 Action plan for community, land, natural resources and the environment
3.2.1 Overview of the situation
Thailand is in the process of implementing the National Economic and Social Development Plan No. 12 (B.E. 2560–2564) (2017–2021) which is being conducted with a participatory process in all regions throughout the country. The plan emphasizes four main objectives which are (1) Implementation and application of the sufficient economy philosophy; (2) Participation of people placed at the centre of development; (3) Support and promotion of national reform; and (4) Development toward stability, prosperity and sustainability for society to live happily together while dealing with changes such as the liberalization of the economy, challenges of new technology and the occurrence of severe natural disasters, and other challenges such as being caught in a middle-income trap, entering into an aging society and social inequality. In addition, the plan emphasizes the creation of economic and social growth while being environmentally friendly, and the promotion of responsible production and investment and creating green business jobs in private organizations to reduce policy conflicts that affect the environment and people during the development of infrastructure, tourism and community livelihoods.
|
No. |
Issues |
Activities |
Responsible agencies | Time-frame (2019–2022) | Indicators (wide frame) | Compliance with National Strategy/ SDGs/UNGPs |
| 1. | Developing and improving laws, regulations, policies and related measures | Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process
– B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR) |
– – Ministry of Natural Resources and Environment | 2019–2022 | – Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand
– Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report |
– National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 |
| 4. | Special Economic Zones | Consider making guidelines or measures for Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) so they adhere to the highest standards of good governance and the guideline of the corporations while the commitment to implement UNGPs should be reflected in the establishment and management of the SEZ and EEC | – Office of the National Economic and Social Development Council
– Ministry of Commerce – Ministry of Industry – Ministry of Interior (Department of Public Works and Town and Country Planning) |
2019–2022 | – Guidelines and measures for the Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) to comply with the highest standards of good governance and UNGPs | – National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7, 8, 10 and 31 |
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land
- State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
3.3 Action plan for human rights defenders
3.3.3 Action Plan (2019–2023)
Pillar 1: State duties in protecting (Protect)
|
No. |
Issues |
Activities |
Responsible agencies | Time-frame (2019–2022) | Indicators (wide frame) | Compliance with National Strategy/ SDGs/UNGPs |
| 1. | Becoming a party to international human rights treaties and cooperation with various human rights mechanisms | Clearly make a definition of “human rights defenders” by studying international standards | – Ministry of Justice | 2019–2022 | Meeting to discuss with related agencies a clear definition of human rights defender | – National Strategy for National Security
– National Strategy for Public Sector Rebalancing and Development – SDG 11 and 16 – UNGPs Articles 1, 3, 5 and 7 |
| Expedite ratification to relevant conventions such as the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) | – Ministry of Justice | 2019–2022 | Becoming a party of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) | – National Strategy for National Security
– National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5 and 7 |
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| Promote creative cooperation with United Nations human rights mechanisms and regional human rights mechanisms | – Every agency | 2019–2022 | An official visit to Thailand or a technical visit of the special procedures of the United Nations Human Rights Council | – National Strategy for National Security
– National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5 and 7 |
Pillar 3 Duties of state enterprises and the business sector (Remedy)
|
No. |
Issues |
Activities |
Responsible agencies | Time-frame (2019–2022) | Indicators (wide frame) | Compliance with National Strategy/ SDGs/UNGPs |
| 4. | Remedies | Remedies for victims as per the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as appropriate and with gender-sensitivity | – Ministry of Justice | 2019–2022 | Improved the system and measures to remedy victims as per the UN Declaration
of Basic Principles of Justice as appropriate and with gender- sensitivity |
– National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
3.4 Action Plan on Cross Border Investment and Multinational Enterprises
3.4.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
|
No. |
Issues |
Activities |
Responsible agencies | Time-frame (2019–2022) | Indicators (wide frame) | Compliance with National Strategy/ SDGs/UNGPs |
| 1. | Amendments of laws, regulations, policies
and related measures |
Establish guidelines and procedures to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment | – Office of the Attorney General | 2019–2022 | Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment | – National Strategy for National Competitiveness Enhancement
– National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 |
| Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that complies with international standards such as the OECD Guidelines for Multinational Enterprises | – Ministry of Foreign Affairs
– Ministry of Justice |
2019–2022 | Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies
with international standards, such as the OECD Guidelines for Multinational Enterprises |
– National Strategy for National Competitiveness Enhancement
– National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 |
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| Review laws and regulations related to the Eastern Economic Corridor (EEC) project in order to supervise the operations of the business sector and investors with a clear penalty for cases that violate human rights. | – Office of the National Economic and Social Development Council
– Neighbouring Countries’ Economic Development Corporation Agency (Public Organization) – Board of Eastern Economic Corridor (EEC) |
2019–2022 | Meetings to review laws and regulations related to Eastern Economic Corridor (EEC) Projects | – National Strategy for National Competitiveness Enhancement
– National Strategy for Eco- Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 |
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| 2. | Creating investor awareness | Encourage commercial banks to focus on the business operations that affect society and the environment by promoting Sustainable Banking Guidelines, which define guidelines for commercial banks consistent with the principles of Environment, Social and Governance (ESG) criteria or other practices that are accepted internationally | – Bank of Thailand | 2019–2022 | Common guidelines for Sustainable Banking Guidelines in order to set business standards. Finance in accordance with the principles of Environment, Social and Governance (ESG) criteria or other guidelines that are accepted internationally | – National Strategy for Eco-Friendly Development and Growth
– National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5 and 7, 8, 9 and 10 |
| 8. | Promoting cooperation in driving business issues and human rights at regional and international levels | Exchange and disseminate good practices to drive international and regional business and human rights issues | – Ministry of Foreign Affairs
– Ministry of Justice |
2019–2022 | Good practices exchanged and disseminated in implementation of the UNGPs, such as periodically preparing courses or workshop for staff in related countries of interest | – National Strategy for National Competitiveness Enhancement
– National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 |